JUDGMENT - 1. The questions referred to the Full Bench are:

(1) Whether having regard to the facts in these appeals the provisions of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, (Bombay Act No. XCIX of 1958), apply? and

(2) Whether this Court has jurisdiction to hear the appeals in view of the questions raised under the Act or they lie within the exclusive jurisdiction of the Revenue Authorities ?

2. These questions have been formulated in very wide terms. Clause (b) of Sub-section (3) of section 132 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, (Bombay Act No. XCIX of 1958) (hereinafter referred to as the Tenancy Act) provides that in the case of any proceeding under any of the provisions of the enactments repealed by this Act, pending before a civil Court on the date of the commencement of the Act, the provisions of section 125 of the Act shall apply. Sub-section (1) of section 125 requires a civil Court to stay the proceedings and refer such issues as under the Act are required to be decided by an authority specified in the Act, to such authority for determination. Sub-section (2) provides that

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